LOWELL — Residents will have a chance April 9 to reverse a City Council decision to rezone land on Old Wire Road.
Casey Kuth of Lowell headed the effort to place a referendum on the ballot that, if approved, would void a rezoning passed by the council Nov. 13.
The land on Old Wire Road east of McClure Avenue was rezoned from residential to medium-density residential, which allows multifamily housing.
The vote was split 4-4. Eldon Long, who was mayor then, broke the tie and voted in favor of the rezoning.
“It’s the price of progress. That’s what I ran on, and I believe this is the right thing to do to vote yes on this,” Long said, according to meeting minutes.
Kuth said City Council member Dean Bitner acted unethically by voting in favor of rezoning property next to his business, Lowell Storage. She said a complaint has been filed with the Arkansas Ethics Commission, but not by her. Jill Barham, staff attorney for the Arkansas Ethics Commission, said she wasn’t allowed to confirm whether a case was under investigation. She said she can only discuss cases after they are closed for 30 days.
Minutes of the council meeting show seven residents spoke in opposition of the rezoning.
D.J. Kootman said it appeared to residents a councilman owns storage units next to the proposed rezone, according to the minutes.
“And I know when I lived in apartments, I never really had enough room to store stuff, and I’m sure as a business owner this would be a very lucrative neighbor to have for your business as well. So — and again not trying to personally attack — I just wanted to bring that out — make sure we don’t have personal business needs being put above the needs of the Lowell citizens,” Kootman said.
Bitner said he originally intended to abstain from the vote, according to the minutes.
“But it strikes me that some of you are here trying to protect your investment, and I don’t blame you, I would be too. But you are asking me not to protect my investment. Does that make sense? You see the conflict there?” he’s quoted as saying in the minutes.
Bitner then voted to approve the rezoning. He said during an interview he retained legal counsel.
“There are some folks making some wild allegations,” he said.
Bitner said he owns Lowell Storage, but wouldn’t comment further on his lawyer’s advice.
“I would love to tell you the truth, the whole truth and nothing but the truth,” he said.
Kuth has lived in Lowell about 20 years. She described the rezoned area as an open field of about 25 acres along Old Wire Road. She said while she and her neighbors don’t have a problem with the land being developed, they didn’t want it rezoned to medium-density residential because they don’t want apartments or duplexes there.
The Planning Commission on Jan. 24 unanimously tabled a request to develop townhouses on the land.
City attorney Tom Kieklak wasn’t at the Planning Commission meeting.
“Our hands are tied,” Chairman James Milner said.
Mark Hayes, executive director of the Arkansas Municipal League, couldn’t remember a time when an Arkansas city had a special election over a rezoning, although he said that doesn’t necessarily mean it has never happened.
“I certainly wouldn’t describe that as a normal thing,” he said.
Special elections are typically for voters to approve a tax, a millage increase or fill a vacancy in a public office, Hayes said.
A city’s residents, however, can call for a special election to overturn any city council decision as long as enough registered voters sign a petition, said Daniel Shults, director for the Arkansas Board of Election Commissioners. The city must pay for the election.
Lowell’s election is expected to cost about $7,600, said Kim Dennison, Benton County election coordinator.
Lowell has 4,223 registered voters, according to the Benton County Clerk’s Office. The petition had the required 355 signatures, which is 15 percent of the number of votes cast in the past mayoral election.
The deadline to register to vote in the special election is March 11, according to Benton County’s website. Early voting will begin April 2.
Alex Golden can be reached by email at [email protected] or on Twitter @NWAalexgolden.
How they voted
Lowell City Council members split 4-4 on a Nov. 13 vote to rezone land on Old Wire Road. Then-Mayor Eldon Long broke the tie and voted in favor of the rezoning.
For: Dean Bitner, David Adams, Kendall Stucki and Todd Fenix
Against: Thomas Evers, Linda Vonnoy, Lonnie Jones and Eric Schien
“There are some folks making some wild allegations.”
— Dean Bitner, City Council member
